These Determinations apply to the costs charged by lawyers, law clerks and paralegals in giving advice or acting in proceedings or potential proceedings:
- before the Family Court of Western Australia; or
- in the Magistrates Court of Western Australia when a Magistrate is exercising powers under the Family Court Act 1997 (WA).
This Determination does not cover non-contentious work done by a family lawyer, for example, drafting or advising on a binding financial agreement or a will. The Legal Profession (Solicitors Costs) Determination applies to any non-contentious work a family lawyer does.
Each Determination is reviewed every 2 years and commences on 1 July of the year in which it is reviewed. It covers all work done after the commencement of the Determination. Work done before the commencement of a Determination is covered by the earlier Determination for the same Court.
For example, if a lawyer does family law work in February 2020, the 2018 Determination applies. If she or he does that work in July 2020, the 2020 Determination applies. If the work spans two different Determinations, eg an application in February 2020 and a trial in July 2020, the 2018 Determination applies to the application and the 2020 Determination applies to the trial.
This Determination does not apply where a client and their lawyer have entered into a written costs agreement under the Legal Profession Uniform Law Application Act 2022
For additional information, refer to Part 3 'Application' of the Determination.
